General Part

Chapter IV
Punishment

Section 42. Confiscation of Property

(1) Confiscation of property is the compulsory alienation to State ownership without compensation of the property owned by a convicted person. Confiscation of property may be specified as an additional punishment. Property owned by a convicted person, which he or she has transferred to another natural or legal person, may also be confiscated.

(2) Confiscation of property may be specified only in the cases provided for in the Special Part of this Law.

(3) A court, in determining confiscation of property, shall specifically indicate which property is to be confiscated. A court, in determining confiscation of property for a criminal offence against traffic safety, shall relate it to the vehicle.

(4) The indispensable property of the convicted person or of his or her dependants, which may not be confiscated, is that specified by law.

Section 790. Principles for the Assessment of a Confiscation of Property Applied in a Foreign Country

The procedures referred to in Chapter 69 of this Law shall be applied to the assessment of a request of a foreign country regarding the execution of a confiscation of property, if it has not been specified otherwise in this Chapter.


Section 798. Procedures for the Execution of the Ruling on the Confiscation of Property

(1) If several rulings on the confiscation of property have been received concurrently, which have been made in respect of one person, and the relevant person does not have sufficient resources in Latvia to execute all the rulings, or several rulings on the confiscation of property in respect of one property, a court shall take a decision on which ruling or which rulings will be executed, taking into account:

1) the severity of a criminal offence;
2) the seizure of the property;
3) the dates when the rulings on the confiscation of property have been made and the dates when the rulings have been received in Latvia;
4) the location of victims and their claims.

(1^1) If a ruling issued by a court of Latvia providing for the confiscation of property and a court ruling issued by another European Union Member State is concurrently in effect in relation to the same property and if the circumstances are the same, the execution of the ruling of a court of Latvia shall have preference.

(2) The decisions of the relevant European Union Member State for the reduction of a sentence, issue of an amnesty or clemency act are binding to Latvia.

(3) The execution of a decision on the confiscation of property shall be terminated, if a European Union Member State has revoked a ruling on the confiscation of property.

(4) The Ministry of Justice shall send a notification received from a European Union Member State regarding the legal facts provided for in Paragraphs two and three of this Section to the court which transferred the decision for execution. The court shall send the decision to the executing authority.

Section 903. Execution of Rulings of Financial Nature of an International Court

(2) The execution of a fine, or confiscation of criminally acquired property, determined by an international court shall take place in accordance with the procedures provided for in the laws and regulations of Latvia, without harming the bona fide rights of third persons.

(3) The competent authority shall take the measures provided for in this Law in order to regain the value of the income, property, or assets thereof that are to be confiscated on the basis of a decision of an international court. Obtained property or income shall be transferred to the international court.